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Police v Selau [2025] WSSC 96 (7 October 2025)

IN THE SUPREME COURT OF SAMOA
Police v Selau [2025] WSSC 96 (7 October 2025)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

ZAPA STEVEN SELAU male of Vaoala and Laulii.

Accused

Counsels: Mr. P. Paramore for Prosecution
Accused appears in Person

Sentence: 7 October 2025

SENTENCE

The Charges

1. You appear for sentence on one charge of burglary pursuant to section 174 of the Crimes Act 2013 which carries a 10-year maximum term of imprisonment and one charge of theft pursuant to section 161 and 165(b) of the Crimes Act 2013 which carries a 7-year maximum imprisonment term.

The Offending

2. According to the prosecution Summary of Facts dated 17 September 2025 which you have accepted, the incident of burglary and theft for which you appear for sentence occurred between 28 & 29 of June 2025 where you unlawfully entered Rays Taxi Stand at Vailima at 4.00am. Once you were inside you stole a JBL speaker valued at USD$799.00, equivalent to SAT$2,208.40
3. The JBL speaker was recovered by police after their investigations.

The Background of the Accused

4. Zapa, you are a 25-year old male of Vaoala and Laulii. According to your pre-sentence report you currently reside with your parents at Vaoala. You are unemployed but assist your parents by tending to the family plantation. You admitted in the pre-sentence report that you have an alcohol problem and had been drinking when you offended.
5. You have a prior conviction record for similar offences in 2022. You were convicted and you were placed under supervision for six (6) months. Earlier this year in February, you were convicted of actual bodily harm, armed and insulting words and was given a nine (9) months suspended sentence.

The Victim

6. The victim of your offending is Junior Solia the owner of Rays Taxi Stand. In his victim impact report he expressed deep concern regarding the safety of his children following the incident. He highlighted the alarming nature of the accused’s conduct—specifically, the brazen act of entering private property without permission. This intrusion has left Mr. Solia and his family feeling vulnerable and unsettled. Notably, Mr. Solia also reports that no apology or acknowledgment of wrongdoing was offered by you.

Aggravating Features of the Offending

7. The following are the aggravating features of your offending:
   • (i) The high prevalence of burglary and theft in the community;
   • (ii) Premeditation. I accept the submission by prosecution that your actions demonstrated a level of planning;
   • (iii) Total value of the JBL Speaker; and
   • (iv) The involvement of alcohol in your offending.
8. The only mitigating feature in respect of your offending is the recovery and return of the JBL speaker by Police.

Aggravating Features in respect of the Offender

9. The aggravating factor for you as an offender are your prior convictions which include similar offending in 2022 as stated above. When you re-offended for the current matter you were four (4) months into a nine (9) months suspended sentence for causing actual bodily harm.

Mitigating Factors in respect of the Offender

10. The first mitigating factor I take into account in sentencing is your early guilty plea. You have saved the court and prosecution time and costs which would have gone towards having to call witnesses and hear their evidence.
11. Second, I accept that you are remorseful. You also mention the involvement of alcohol but this cannot be used to excuse your actions.

Discussion

12. After reading your pre-sentence report it is clear you already participated and completed the Alcohol and Drugs Court (ADC) programme in 2022. Unfortunately, alcohol has once again entered your life and you reoffended whilst serving a 9 months suspended sentence for causing actual bodily harm.
13. Burglary and theft in the community is on the rise. The courts have often voiced concerns over the prevalence of this type of offending.^[1]
14. You have had chances before. You were warned and offered opportunities to change. But you have once again returned on the same path. This shows you have not at all been deterred from re-offending.
15. In sentencing you today, it is with the purpose of denouncing your conduct and deterring you and others from committing this or similar offending as well as to protect the community from you.
16. I have reviewed the annex of cases by the prosecution attached to their sentencing memorandum and considered other cases for similar type of offending. Prosecution have recommended that the appropriate starting point for your matter is 1 to 2 years’ imprisonment. In terms of the burglary and theft charges, I find that the appropriate start point for sentence is one (1) year imprisonment. For your prior conviction for similar offending in 2022 and the fact that you reoffended whilst serving a suspended sentence, I uplift that by 9 months. For your early guilty plea, I deduct 5 months. I also deduct a further 2 months to reflect your remorsefulness. This leaves a sentence of 1 year and 2 months’ imprisonment or fourteen (14) months’ imprisonment.

Result

17. Accordingly, you are convicted and sentenced for the charges in the Charging Document dated 18 August 2025 as follows:
    • (i) For the charge of Burglary, you are convicted and sentenced to 1 year and 2 months’ imprisonment or fourteen (14) months’ imprisonment less time remanded in custody;
    • (ii) For the charge of Theft, you are also convicted and sentenced to 1 year and 2 months’ imprisonment or fourteen (14) months’ imprisonment to be served concurrent to the burglary charge above.
      
18. Your end sentence Zapa for the two charges is therefore 1 year and 2 months’ imprisonment or fourteen (14) months’ imprisonment, less time remanded in custody.

JUSTICE KERSLAKE

^[1] Police v Faaleleiga [2024] WSSC 103 (7 October 2024) per Clarke J, Police v Sula Siaosi aka Joe Siaosi (Unreported) 02/08/2024 per Nelson J; Police v Ulisone [2024] WSSC 32 per Clarke J; Police v Seumanutafa [2020] WSSC 52) per Nelson J.